1. A. Request for Hearing.

   1. (1) The Board may schedule a hearing if:

      1. (a) The Board is unable to arrive at a decision based on the examination and memorandum; or
      2. (b) There is a dispute of a fact uncovered in the Board’s examination.

   2. (2) The claimant may request a hearing if dissatisfied with the Board’s proposed findings of fact, conclusions of law, or orders. The claimant shall:

      1. (a) Initiate the request for a hearing within 15 days of receiving the written notice of the Board's decision;
      2. (b) Make the request for a hearing in writing; and
      3. (c) Provide information which the claimant considers appropriate to justify a hearing.

2. B. Notice of Hearing.

   1. (1) If the Board schedules a hearing, the Board shall:

      1. (a) Notify, in writing, all persons involved in the claim of the decision to conduct a hearing;
      2. (b) Include in the notification the time, place, and purpose of the hearing; and
      3. (c) Make notification to the claimant by U.S. mail not less than 30 days before the date of the hearing, unless the notice is waived by the claimant.
   2. (2) Notice shall be in accordance with State Government Article, §10-218 Annotated Code of Maryland.

3. C. Conduct of Hearings.

   1. (1) Hearings are conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

   2. (2) A claimant has the burden of proof and shall be:

      1. (a) Present at the hearing, unless the Board, based on good cause, approves alternative arrangements; and

      2. (b) Provided with a reasonable opportunity to:

         1. (i) Present witnesses;
         2. (ii) Testify;
         3. (iii) Cross-examine witnesses;
         4. (iv) File briefs; or
         5. (v) Obtain statements or depositions.

   3. (3) Testimony relating to wages, income, other sources of revenue, and dependency shall be corroborated by supporting documents which may include:

      1. (a) W-2 forms;
      2. (b) Income tax returns;
      3. (c) Child support agreements; and
      4. (d) Other evidence considered relevant by the Board.
   4. (4) The Board may accept hospital records and reports and physicians' reports as proof of the injury sustained without requiring the presence of the attending physician at the hearing.
   5. (5) The Board may receive as evidence a statement, document, information, or matter that it finds relevant and which affords the parties a fair hearing.
   6. (6) A hearing shall be conducted in an orderly manner to safeguard the rights of the parties.

   7. (7) A person testifying:

      1. (a) Shall testify under oath or by affirmation; and
      2. (b) Is subject to penalties for perjury.
   8. (8) The Board shall record the proceedings.
   9. (9) The Board may question the claimant and witnesses.

   10. (10) If a claimant fails to appear at the time and place of the scheduled hearing, the Board may:

       1. (a) Dismiss the claim; or
       2. (b) Reschedule the hearing.

   11. (11) Hearings are open to the public except in the following instances:

       1. (a) Prosecution against the alleged perpetrator of the crime is pending and no trial has been held;
       2. (b) The welfare and interest of the victim or dependents may be adversely affected in violation of the right to be treated with dignity, respect, and sensitivity;
       3. (c) Prosecution has resulted in an acquittal or a dismissal of the underlying criminal charges based on technical grounds; or
       4. (d) Upon written request by the claimant submitted at least 5 days before the scheduled hearing.
   12. (12) The Board may request further examination of the claim before making a decision.
   13. (13) At the request of a claimant the Board may re-open a claim previously dismissed under §C(10)(a) of this regulation based on good cause.

4. D. Subpoenas and Depositions.

   1. (1) The Board may issue a subpoena and a subpoena duces tecum on its own motion or upon written request from the claimant.

   2. (2) A request by the claimant shall be submitted not later than 20 days before the hearing and shall include:

      1. (a) A statement explaining the necessity for the subpoena;
      2. (b) The names and addresses of witnesses; and
      3. (c) The location of documents or other evidence relating to the claim.
   3. (3) The Board may waive the 20-day provision in §D(2) of this regulation.
   4. (4) If a claimant requests the subpoena, the cost of service, witness, and mileage, at the Board’s discretion, is the responsibility of the claimant.

Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

Effective date: July 21, 1972

Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)

Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)

Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)

Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)

Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)

Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)

Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)